Hermosa Beach, California has a ban on tattoo businesses. Johnny Anderson owns the Yer Cheat’n Heart tattoo parlor in Gardena, California and wants to relocate to Hermosa Beach so much he’s taking his fight to the federal appeals court. Anderson argues that the ban on tattoo busineses violates constitutional free speech rights. A federal judge ruled in 2008 that Anderson’s tattooing was “not sufficiently imbued with elements of communication” to qualify as constitutionally protected speech.
At issue in the case is whether tattoos are classified as art. Although the First Amendment refers specifically to the freedoms of speech and press, it in fact encompasses a wide range of expression beyond publications and the spoken word. All art forms — including plays, music, dance, film, literature, poetry and the visual arts — enjoy considerable First Amendment protection. Hermosa Beach officials argue in court papers that Anderson isn’t engaged in expression but “merely providing a service.” The city also cites health risks, “aesthetic concerns,” small tax revenue, and a financial burden on the city to provide adequate inspection and regulation to justify its ban on tattoo businesses.
UC Berkeley law professor and 1st Amendment expert Jesse Choper doubts the total ban on tattoo parlors will pass constitutional review. He believes Hermosa Beach might have a chance of prevailing with the 9th Circuit judges if it imposed regulations limiting the practice to certain parts of the city or required the involvement of medical professionals.
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Martin Crawford
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